Garcia v. Ptak et al

Filing 13

ORDERED: This action is DISMISSED. The Clerk is DIRECTED to: 1) mail to Plaintiff a copy of each of these documents: a) the Court's standard prisoner civil rights complaint form; and b) this Order; and 2) close this case. See Order for more details. Signed by Senior Judge Charlene Edwards Honeywell on 11/25/2024. (AB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RICHARD SALINO GARCIA,
Plaintiff,
v.

Case No. 8:23-cv-406-CEH-SPF

OFFICER M. PTAK, et al.,
Defendants.
_______________________________/
ORDER
Plaintiff, a Florida pretrial detainee proceeding pro se, filed a third amended
civil rights complaint (Doc. 12). He did not use the Court’s standard form for civil
rights complaints. He was warned that failure to use the standard form would result in
dismissal of this action (See Doc. 11).
Accordingly:
1. This action is DISMISSED. The dismissal is without prejudice to Plaintiff
initiating a new action by filing a new complaint on the Court’s civil rights complaint
form in a new case with a new case number. See Local Rule 6.04(a)(3) (“A pro se person
in custody must use the standard form — available without charge from the clerk and
on the court’s website — to file . . . a complaint, such as a 42 U.S.C. § 1983 complaint,
that alleges a violation of the United States Constitution or other federal law by a
1

governmental official.”). 1
2. The Clerk is DIRECTED to: 1) mail to Plaintiff a copy of each of these
documents: a) the Court’s standard prisoner civil rights complaint form; and b) this
Order; and 2) close this case.
ORDERED in Tampa, Florida, on November 25, 2024.

Copy to: Plaintiff, pro se

If Plaintiff elects to re-file his claims, he is cautioned that an alleged violation of a criminal
statute seldom gives rise to a private cause of action. See, e.g., Love v. Delta Air Lines, 310
F.3d 1347, 1352–53 (11th Cir. 2002); Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290,
1303 (11th Cir. 2008) (rejecting concept that Congress authorized “a federal private right of
action any time a civil plaintiff invokes a federal criminal statute”).
1

2